I-751 Petition Lawyer New York, NY

Form I-751, the Petition to Remove Conditions on Residence, is a critical step for conditional permanent residents who obtained their green card through marriage. Failing to file before the two-year expiration can lead to loss of lawful status and the initiation of removal proceedings. Law Offices Of SRIS, P.C. assists clients throughout New York, NY—including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island—with the preparation and submission of joint petitions and hardship-based waivers. Mr. Sris and the firm’s Of Counsel attorneys understand the procedures at the USCIS New York Field Office at 26 Federal Plaza and the New York Immigration Court. Whether your marriage remains intact or has ended, we work to present a thorough and well-documented case. To discuss your I-751 matter, call (888) 437-7747.
Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Last reviewed: July 2026

Understanding the I-751 Removal of Conditions in New York, NY

The Immigration and Nationality Act (INA) requires a conditional permanent resident who acquired status through a marriage entered into less than two years before the grant to file Form I-751 within the 90-day period immediately preceding the second anniversary of obtaining conditional residence. 8 U.S.C. § 1186a(c)(1). If the petition is not timely filed, conditional resident status is automatically terminated and the agency may issue a notice to appear in removal proceedings. The petition may be filed jointly by both spouses, or on a waiver basis—for instance, when the marriage has ended in divorce, when the conditional resident or a child was subjected to battery or extreme cruelty, or when removal would result in extreme hardship.

In New York City, USCIS processes I-751 petitions at the New York Field Office located at 26 Federal Plaza in Lower Manhattan. While the form itself is filed with a centralized lockbox, the local field office schedules biometrics appointments and, when required, in-person interviews. New York’s sanctuary policies—including NYC Executive Order 41, which limits city cooperation with federal immigration enforcement—create a distinct procedural landscape that may affect how certain waiver-based or removal-defense matters are handled. Our firm’s New York location serves clients across all five boroughs, Long Island, and beyond, and we stay current with local USCIS adjudication trends.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle I-751 Petitions

Mr. Sris and the firm’s Of Counsel attorneys approach every I-751 case with meticulous document gathering. Because the petition requires substantial evidence of the bona fides of the marriage, we work with clients to compile financial records, leases or deeds, joint tax returns, photographs, affidavits from family and friends, and any other material that demonstrates the legitimacy of the marital relationship. For couples still living together, a well-prepared joint petition frequently avoids an interview altogether. When an interview is scheduled, we prepare our clients thoroughly, conducting mock question-and-answer sessions that address common areas of USCIS inquiry.

For individuals whose marriage has ended or who are unable to file jointly, we obtain the evidence necessary for a successful waiver. This may include divorce decrees, police reports, protective orders, psychological evaluations, and declarations explaining why removal would cause extreme hardship. If the I-751 is denied and removal proceedings are commenced, Mr. Sris, admitted to practice in New York, and the firm’s Of Counsel attorneys appear before the immigration court to defend the conditional resident’s right to remain. Our representation encompasses the entire chain—from initial petition through appellate review, if needed.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. A former prosecutor, he is admitted in New York, Virginia, Maryland, the District of Columbia, and New Jersey. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He brings decades of multi-state experience to every immigration matter he handles.

The firm’s Of Counsel attorneys contribute additional experience in family-based immigration, removal defense, and federal litigation. Together, Mr. Sris and the firm’s Of Counsel attorneys evaluate each I-751 case individually, identifying the strongest possible strategy. We maintain consistent communication with our clients and keep them informed at every stage. For a consultation about your I-751 petition, call (888) 437-7747.

Frequently Asked Questions

What is Form I-751, and who needs to file it?

Form I-751 is a Petition to Remove Conditions on Residence filed by a conditional permanent resident who obtained status through a marriage that was less than two years old at the time the green card was granted. The petition must be filed to convert conditional residence into permanent resident status without conditions. Joint filing by both spouses is the default, but a waiver may be available if the marriage has ended or the conditional resident has suffered abuse. Law Offices Of SRIS, P.C. Guides clients through both joint and waiver filings in New York, NY.

When must I file the I-751 petition in New York?

You must file the I-751 petition during the 90-day window immediately before the expiration date printed on your conditional resident card. That period is strictly enforced under 8 U.S.C. § 1186a(c)(1). If your card has already expired and you did not file, you may face termination of status and the initiation of removal proceedings. Contact our firm at (888) 437-7747 to determine your options if you are outside the filing window.

Can I file an I-751 waiver if my marriage ended in divorce?

Yes, you can request a waiver of the joint filing requirement based on the termination of the marriage through divorce or annulment. You must demonstrate that the marriage was entered into in good faith and not for the purpose of evading immigration laws. A final divorce decree must accompany the petition. Other waiver grounds include battery or extreme cruelty, or extreme hardship to the conditional resident. An I-751 petition lawyer can help you assemble the required evidence.

What happens after I submit my I-751 petition in New York?

After you submit Form I-751, USCIS issues a receipt notice extending your conditional resident status while the petition is pending. You will then be scheduled for a biometrics appointment at a local Application Support Center. Some cases are adjudicated without an interview, but if USCIS requires one, it will be conducted at the New York Field Office at 26 Federal Plaza. Processing times vary based on USCIS workload. For a current estimate, contact our firm.

Do I need a lawyer to file an I-751 petition in New York, NY?

You are not legally required to have a lawyer to file Form I-751, but an attorney experienced in immigration law can help you avoid common mistakes that lead to denial or delay. A lawyer assists with gathering the correct evidence, preparing for interviews, and responding to requests for evidence. Mr. Sris and the firm’s Of Counsel attorneys represent clients throughout New York City and the surrounding counties. To schedule a consultation, call (888) 437-7747.

Our firm serves immigration clients throughout New York State. Reach our immigration attorneys in Manhattan, Brooklyn, Queens, and Nassau County.

For official government information, visit the USCIS I-751 page. The statutory framework for removal of conditions is found at 8 U.S.C. § 1186a (Immigration and Nationality Act § 216).

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